Florida Senate - 2017                                    SB 1652
       
       
        
       By Senator Torres
       
       
       
       
       
       15-01355-17                                           20171652__
    1                        A bill to be entitled                      
    2         An act relating to homeowners’ associations; amending
    3         s. 720.306, F.S.; providing requirements for the
    4         election of members of the board of directors for
    5         associations in specified communities; providing an
    6         effective date.
    7          
    8  Be It Enacted by the Legislature of the State of Florida:
    9  
   10         Section 1. Paragraph (d) is added to subsection (9) of
   11  section 720.306, Florida Statutes, to read:
   12         720.306 Meetings of members; voting and election
   13  procedures; amendments.—
   14         (9) ELECTIONS AND BOARD VACANCIES.—
   15         (d) The governing documents shall provide that, for the
   16  election of directors for a community with 7500 parcels or more:
   17         1. At least 60 days before a scheduled election, the
   18  association shall mail, deliver, or electronically transmit, by
   19  separate association mailing or included in another association
   20  mailing, delivery, or electronic transmission, including
   21  regularly published newsletters, to each parcel owner entitled
   22  to a vote, a first notice of the date of the election. The
   23  notice must include instructions for an owner to nominate
   24  himself or herself as a candidate for the board.
   25         2. A parcel owner or other eligible person desiring to be a
   26  candidate for the board must give written notice of his or her
   27  intent to be a candidate to the association at least 40 days
   28  before a scheduled election.
   29         3. In addition to the written notice as set forth in
   30  subsection (5), the association shall mail, deliver, or
   31  electronically transmit a second notice of the election to all
   32  parcel owners entitled to vote, including a ballot that lists
   33  all candidates.
   34         4. Upon request of a candidate, an information sheet, no
   35  larger than 8 1/2 inches by 11 inches which must be furnished by
   36  the candidate at least 35 days before the election, must be
   37  included with the mailing, delivery, or electronic transmission
   38  of the ballot. The association shall bear the costs associated
   39  with the mailing, delivery, or electronic transmission and
   40  copying of the information sheet. In order to reduce costs, the
   41  association may print or duplicate the information sheet on both
   42  sides of the paper. The association is not liable for the
   43  contents of the information sheet prepared by a candidate.
   44         5. The board shall by rule establish voting procedures
   45  consistent with this paragraph, including rules establishing
   46  procedures for giving notice by electronic transmission.
   47         6. Elections shall be decided by a plurality of ballots
   48  cast. There is no quorum requirement; however, at least 20
   49  percent of the eligible voters must cast a ballot or vote in
   50  person or by limited proxy in order to have a valid election.
   51         7. Members may not vote by general proxy but may vote by
   52  secret ballot or by limited proxy in an election of directors,
   53  as determined by the board. If an election is conducted by
   54  secret ballot, the provisions of paragraph (8)(b) apply.
   55         8. The election of directors shall be held on the date of
   56  the annual meeting.
   57         Section 2. This act shall take effect July 1, 2017.